CITY OF ENCINITAS CITY COUNCIL AGENDA REPORT Meeting Date: October 10, 2012

TO:

Mayor and City Council Members

VIA:

Gus Vina, City Manager

FROM:

Masih Maher, Senior Civil Engineer Greg Shields, Interim Director of Engineering/Public Works

SUBJECT:

Consideration of adoption of Resolution 2012-70 for the summary vacation of a portion of Saxony Road and an Irrevocable Offer of Dedication on Quail Gardens Drive.

BACKGROUND: The applicant, Shea Homes submitted an application on June 1, 2011 for a summary vacation of a portion of Saxony Road and an Irrevocable Offer of Dedication (IOD) on Quail Gardens Drive. The street vacation application included payment of $3500.00 for the street vacation fee, and a plat showing the proposed vacation areas (Attachments 2 and 3). A street vacation is a process in which a public easement, IOD, or right-of-way is abandoned in compliance with the California Highway Code Section 8330 et al. and Encinitas Municipal Code Chapter 15.16.

ANALYSIS: Per Tentative Map No. 09-089 TM a portion of excess right-of-way was designated to be vacated. The City Council adopted Ordinance #2006-08 on December 13, 2006 and limited the authority to vacate a city street only to the City Council. Prior to the adoption of Ordinance #2006-08, a street vacation could also be done on a final map. On August 10, 2012 City staff distributed notices to residents within 500 feet of the requested vacation and to all public utility companies (Attachment 1). One email correspondence was received with a request to have it submitted as a part of this report (Attachment 4). No other objections were received from any other residents or utility companies. The proposed vacation on Saxony Road (Attachment 3) vacates a triangular shaped street easement that is approximately 52 square feet in area. This portion of the street is in excess of the required 60 feet of right-of-way.

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Because the proposed right-of-way vacation on Saxony Road is owned in fee by the City of Encinitas, after vacation of the right-of-way on Saxony Road (Attachment 3), the developer must purchase the property from the City of Encinitas in order to include the property in the proposed 72 lot subdivision per Planning case No. 09-089 TM. Due to the small size of excess right-of-way on Saxony Road, (approximately 52 square feet), it is impractical to do an appraisal. The cost of an appraisal will exceed the fair market value of the 52 square feet of the excess street easement. Staff recommends that the City Council authorize the City Manager to enter into a sales agreement with the developer, Shea Homes. The price per square foot of the vacated right-of-way is equal to the cost per square foot paid by Shea Homes in 2012 for the Bahlmann property. The irrevocable offer of dedication along Quail Gardens Drive, shown in “Attachment 2”, is in excess of the 72 feet of required right-of-way. Staff does not anticipate any current or future need for the irrevocable offer of dedication as Quail Gardens Drive is built out to its ultimate condition.

FISCAL AND STAFF IMPACTS: Approval of this summary vacation and IOD vacation request has no fiscal impact to the City since no right-of-way acquisition will be necessary in the future and the processing costs have been paid by the applicant.

RECOMMENDATION: Adopt Resolution No. 2012-70 which is included as “Attachment 5” and: 1. Vacate the existing portion of Saxony Road as shown on “Attachment 3” and an Irrevocable Offer of Dedication located on Quail Gardens Drive as shown on “Attachment 2”. 2. Authorize the City Manager to enter into a sales agreement for selling the vacated rightof-way along Saxony Rd. as shown on “Attachment 3”.

ATTACHMENTS: 1. 2. 3. 4. 5.

Notification letter (1 sheet) Proposed Quail Gardens Drive Quitclaim/Vacation and Plat (2 pages) Proposed Saxony Road Vacation and Plat (3 pages) Email correspondence from Matt Walker (3 sheets) Proposed City Council Resolution 2012-70 (2 sheets)

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ATTACHMENT 1

DATE:

August 10, 2012

TO:

Distribution List, Property Owners

FROM:

City Engineering Services Department City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 Attn: Debra Geishart

PROJECT:

SUMMARY VACATION of a portion of Saxony Road and an IOD on Quail Gardens Drive

FILE NO.:

10900-VA

LOCATION:

Saxony Road (South of Puebla Street) and on the west side of Quail Gardens Drive

A.P.N.:

256-172-07, 256-172-03 & 256-233-16

APPLICANT: Shea Homes OWNER:

Shea Homes Limited Partnership, A California Limited Partnership

DESCRIPTION:

Proposed summary vacation of public road right-of-way on the east side of Saxony Road adjacent to Parcel No. 256-172-07 and an IOD (irrevocable offer of dedication) on the west side of Quail Gardens Drive. (See attached exhibits for proposed vacation areas).

This serves as a notice of intent to vacate a portion of Saxony Road and an IOD (irrevocable offer of dedication) on the west side of Quail Gardens Drive. A vacation is a process in which the City abandons its public right-of-way. If you have any comments, please submit them in writing to our office by September 10, 2012. Should you have any questions, feel free to call Debra Geishart, Engineering Technician, City of Encinitas, at (760) 633-2779. T:\000 A PDF Agenda Staff Reports\2012-10-10\10900-VA\10900-VA SHEA HOMES (BAHLMANN-BROWN)DG.doc

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ATTACHMENT 2

PROPOSED QUAIL GARDENS DRIVE QUITCLAIM

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ATTACHMENT 3

PROPOSED SAXONY ROAD VACATION

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ATTACHMENT 4

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ATTACHMENT 5

Recording Requested by: City of Encinitas When Recorded, Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit of the City

) ) ) ) ) ) ) ) ) ) SPACE ABOVE FOR RECORDER’S USE ONLY

APN: 256-172-07, 256-172-03 & 256-233-16

RESOLUTION NO. 2012-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, APPROVING THE SUMMARY VACATION OF RIGHT-OF-WAY ON SAXONY ROAD AND SUMMARY VACATION OF AN IRREVOCABLE OFFER OF DEDICATION ON QUAIL GARDENS DRIVE. WHEREAS, Shea Homes submitted an application to vacate right-of-way for public road purposes for a portion of land that is on the east side of Saxony Road and an Irrevocable Offer of Dedication (IOD) adjacent to Quail Gardens Road, in the City of Encinitas and WHEREAS, the vacation proceedings are conducted under Chapter 4 of Part 3 of the State of California Streets and Highway Code and WHEREAS, On August 10, 2012, City staff distributed notices to residents within 500 feet of the proposed vacation and to all public utility companies and WHEREAS, the City Council of the City of Encinitas on October 10, 2012, heard all persons interested in the proposed vacation at 6:00 p.m. in the City of Encinitas Council Chambers, 505 South Vulcan Avenue, Encinitas, CA 92024 NOW BE IT THEREFORE RESOLVED that the City Council of the City of Encinitas, has adopted the Resolution to summarily vacate right-of-way on the east side of Saxony Road and an Irrevocable Offer of Dedication (IOD) adjacent to Quail Gardens Drive in the City of Encinitas per Exhibits B and A and in accordance with the following: 1.

The project as proposed will allow for sufficient right of way after the vacation.

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2.

The project as proposed complies with the California Environmental Quality Act since it is exempt from environmental review pursuant to Section 15061 (B) (3) of the CEQA Guidelines,

3.

There is no present or prospective public use identified for the public right-of-way irrevocable offer of dedication as shown on Exhibit “B” and Exhibit “A”..

PASSED AND ADOPTED this 10th day of October, 2012, by the following vote, to wit: AYES: NAYS: ABSENT: ABSTAIN:

Jerome Stocks, Mayor City of Encinitas ATTEST:

Kathy Hollywood, City Clerk

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